GMC Warning Legal Advice & Representation

The General Medical Council (GMC) issues a warning to a doctor when they believe there has been a significant departure from Good Medical Practice, but the doctor’s fitness to practise is not impaired. Warnings are intended to record concerns formally and to indicate that the GMC’s concerns are serious enough that repetition could lead to a finding of impaired fitness to practise.

At Clifford Johnston & Co, we understand how daunting and potentially damaging it can be for a doctor to face scrutiny from the General Medical Council (GMC). A GMC warning can have a significant impact on your reputation and career. If you’re a medical professional facing allegations or investigation, our specialist team is here to help you navigate this challenging process and ensure that your rights and professional standing are protected.

With more than 35 years’ experience representing clients across the country, CJ Law has a team of specialist defence lawyers with the level of expertise that you require for the best possible defence.

What is a GMC Warning?

A GMC warning is a formal notice issued to doctors when their behaviour or performance falls below the standards expected by the GMC, as outlined in their Good Medical Practice guidance. While a warning does not impair your ability to practise or place restrictions on your licence, it is a serious action that can affect your professional reputation.

A Warning should be viewed as a deterrent and is a formal response from the GMC and MPTS tribunals in the interests of maintaining public confidence and professional standards in doctors. Warnings are available at both investigation and adjudication stages of fitness to practise proceedings

Who Can Offer or Impose a GMC warning?

GMC warnings can be issued at two key stages of the regulatory process: the investigation stage and the adjudication stage. The decision to impose a warning can be made by:

1. GMC Case Examiners

At the investigation stage, two senior GMC case examiners (one medical and one non-medical) review the evidence. If they conclude that a doctor’s fitness to practise is not impaired but there has been a significant departure from professional standards, they may issue a warning. This occurs when:

• The facts of the case are not disputed by the doctor.
• The behaviour raises concerns about the doctor’s conduct or performance, though not to the extent that registration restrictions are required.

2. The GMC Investigation Committee

If the case examiners cannot agree on whether a warning is appropriate, or if the doctor disputes the facts or exercises their right to an oral hearing, the case is referred to the Investigation Committee. This committee will review the evidence and decide whether to:

• Issue a warning.
• Refer the case to the Medical Practitioners Tribunal Service (MPTS).
• Conclude the case with no further action.

3. Medical Practitioners Tribunal (MPTS)

In cases referred to a full tribunal hearing, the Medical Practitioners Tribunal can impose a warning after considering all the evidence. If the tribunal finds that a doctor’s fitness to practise is not impaired but believes there is a need for a formal response to the doctor’s conduct, it may issue a warning. This may happen after the tribunal has reviewed both the facts and the doctor’s response.

When are GMC Warning’s Issued?

A GMC warning may be issued in situations where a doctor’s behaviour or performance, while concerning, does not warrant more severe action such as suspension or erasure from the medical register. Warnings are often given when:

• There has been a significant departure from the principles outlined in Good Medical Practice.
• The doctor’s conduct has raised serious concerns but does not require restrictions on their registration.
• The allegations do not involve health issues, as warnings are not appropriate in cases solely relating to a doctor’s physical or mental health.

Our team at Clifford Johnston & Co can advise you on whether a warning is appropriate and what steps to take if you are facing such action.

The Purpose and Impact of a GMC Warning

While a GMC warning does not restrict your right to practise, it remains a serious issue for any doctor. The warning will be:

• Published on the GMC register for two years, where it is visible to patients, employers, and colleagues. After this period, it is no longer visible to the public, but it remains on record and can be disclosed to employers indefinitely upon request.
• A formal marker of your conduct, which may affect career progression, job opportunities, and professional relationships.
• A reminder that your conduct or behaviour must not be repeated, as further issues could result in more serious sanctions, including a finding of impaired fitness to practise.

It is essential to address any warning carefully and take the necessary steps to avoid future repercussions. At Clifford Johnston & Co, we will work closely with you to minimise the impact of a warning and protect your career.

Factors Considered by the GMC

The decision to issue a GMC warning is not taken lightly. Case examiners or tribunals will consider a range of factors before issuing a warning, these include:

• Significant breaches of Good Medical Practice.
• The seriousness of the doctor’s conduct and its potential to undermine public confidence in the medical profession.
• Whether the behaviour or performance could affect patient care or the reputation of the profession.
• Whether the misconduct is likely to be repeated and the steps taken by the doctor to address the concerns.
• The doctors’ Insight, reflection, and remediation

Our legal team will review your case thoroughly and provide expert guidance on how to present your defence, ensuring that all relevant mitigating factors are highlighted.

The Process of Issuing a GMC Warning

At Clifford Johnston & Co, we will guide you through every step of the GMC warning process to ensure that you are fully informed and prepared. The typical process is as follows:

1. Investigation: The GMC investigates the concerns raised about your behaviour or performance.

2. Case Examiner Review: If your fitness to practise is not impaired, but the case examiners find a significant departure from standards, they may propose a warning.

3. Doctor’s Response: You will be given 28 days to respond to the proposed warning. During this time, you can make representations or challenge the decision. Our legal team will help you prepare a comprehensive response.

4. Final Decision: If the case examiners agree to issue a warning, and you do not contest it or request a hearing, the warning will be issued. If you contest it, the case will be referred to an Investigation Committee for review.

If the case is escalated to a hearing before a tribunal, the Medical Practitioners Tribunal will review the case and consider whether issuing a warning is appropriate.

Types of Cases that May Result in a GMC Warning

Common scenarios that may result in GMC warnings include:

1. Treatment cases: where an allegation of misconduct is upheld or following a specific breach of good medical practice (as opposed to more general concerns about the standard of a doctor’s practice).

2. Minor criminal conviction or caution: although there is a presumption that such cases should be referred to an MPT, some minor convictions or cautions may be
suitable for a warning, for example driving offences. Such cases may not be referred to an MPT or, if they are, may not be deemed serious enough to justify a finding of impaired fitness to practise.

3. Cases of dishonesty or violence: a presumption of impaired fitness to practise generally exists where allegations involve violence or dishonesty. However, a warning alone may be deemed appropriate where no risk to the ‘public’ exists (including there being no impact on public confidence in the medical profession) or in cases of minor violence or dishonesty which are in no way connected to professional practice.

The GMC still views warnings as a serious measure, and doctors are reminded that any repetition of such conduct could result in more severe consequences.

Challenging a GMC Warning

If you believe that a warning is unjustified, you have the right to challenge it. You can do this by requesting an oral hearing before the Investigation Committee. Alternatively, and if your case has been referred to the Medical Practitioners Tribunal, you will have the opportunity to present your defence. Our team at Clifford Johnston & Co specialises in defending doctors in regulatory proceedings. We work closely with you to gather evidence, provide expert legal advice, and represent you during the GMC process, whether you’re submitting written representations or appearing at a hearing.

How Clifford Johnston & Co Can Help

Facing a GMC warning can be an overwhelming experience but, with the right legal support, you can minimise the impact on your career. At Clifford Johnston & Co, we provide expert advice and representation to doctors at every stage of the GMC process.

Our services include:

• Advice on responding to the GMC during investigations and warning procedures.
• Preparation of written representations and assistance with gathering evidence.
• Representation at hearings before the GMC’s Investigation Committee and/or the Medical Practitioners Tribunal.

In addition, we offer invaluable guidance on how to mitigate the impact of a warning and safeguard your career. Our experienced team understands the nuances of GMC procedures and the potential long-term implications of warnings on your professional life. We work diligently to ensure that your side of the story is heard and that all mitigating factors are properly considered.

Contact Us Today

If you are a doctor facing a GMC warning or investigation, it is crucial to seek professional legal advice without delay. The decisions made during this process can have far-reaching
consequences on your career and reputation.

Contact Clifford Johnston & Co today to speak with one of our experienced regulatory law solicitors. Let us help you navigate this challenging situation, protect your professional standing, and work towards the best possible outcome for your career.

Contact Clifford Johnston & Co, trusted solicitors in Manchester, today to speak with one of our experienced regulatory law solicitors. Whether you’re dealing with GMC investigations or other legal matters, let us help you navigate this challenging situation, protect your professional standing, and work towards the best possible outcome for your career.